S.Amdt. 5720

SA 5720. Mr. BLUMENTHAL submitted an amendment intended to be
proposed by him to the bill S. 2, to provide for reconciliation
pursuant to title II of S. Con. Res. 33.; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. _____. PARDON TRANSPARENCY AND ACCOUNTABILITY.

(a) Short Title.--This section may be cited as the ``Pardon
Transparency and Accountability Act of 2026''.
(b) Definitions.--In this section:
(1) Executive clemency.--The term ``executive clemency''--
(A) means any exercise by the President of the power to
grant reprieves or pardons under clause 1 of section 2 of
article II of the Constitution of the United States; and
(B) includes any pardon, commutation, reprieve, or
remission of a fine.
(2) Victim.--The term ``victim'' has the meaning given the
term in section 503(e) of the Victims' Rights and Restitution
Act of 1990 (34 U.S.C. 20141(e)).
(c) Statement of Reasons for Pardons.--On the date on which
any grant of executive clemency is made, the President shall
publish in the Federal Register and on the official website
of the President a written explanation of the reasons for
granting such executive clemency.
(d) Duties of the Pardon Attorney.--
(1) Justice impact statement.--The Pardon Attorney shall,
as soon as the Pardon Attorney becomes aware of any potential
grant of executive clemency being considered by the
President, begin preparing a Justice Impact Statement, which
shall be made available to the President and Congress as soon
as practicable but not later than 30 days after the date on
which the Pardon Attorney becomes so aware, and which shall
include--
(A) a description of the efforts of the Pardon Attorney--
(i) to contact victims as required under paragraph (3)(A);
and
(ii) to make each determination required under
subparagraphs (B) and (C) of paragraph (3); and
(B) any written statement submitted by a victim under
paragraph (3)(A).
(2) Notification.--Any employee of the Department of
Justice or Executive Office of the President who learns that
the President is considering a grant of executive clemency
shall immediately inform the Pardon Attorney of such
consideration.
(3) Determinations required.--In the preparation of any
Justice Impact Statement under paragraph (1), the Pardon
Attorney shall make all reasonable efforts to--
(A) inform the victims of any crime committed by the person
receiving a grant of executive clemency that they may submit
written statements for inclusion in the Justice Impact
Statement prepared by the Pardon Attorney;
(B) determine the opinions of the victims described in
subparagraph (A) regarding the potential grant of executive
clemency; and
(C) determine the opinions of the Attorney General, the
Secretary of Homeland Security, and other Federal, State,
local, and Tribal law enforcement officials, as appropriate,
as to the potential impact of the grant of executive clemency
on the success of any ongoing investigation or prosecution.
(4) Justice impact statement completion.--The Justice
Impact Statement required under paragraph (1) shall be
completed and submitted even if submitted after executive
clemency is granted.
(e) Pardon Lobbying Disclosure.--
(1) Definitions.--Section 3 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1602) is amended--
(A) in paragraph (8)--
(i) in subparagraph (A)--

(I) in clause (iii), by striking ``or'' after the
semicolon;
(II) in clause (iv), by striking the period and inserting
``; or''; and
(III) by adding at the end the following:

``(v) the issuance of a grant of executive clemency, as
defined in section 2 of the Pardon Transparency and
Accountability Act of 2026, in the form of a pardon,
commutation of sentence, reprieve, or remission of fine.'';
and
(ii) in subparagraph (B)(xii), by striking ``made to'' and
inserting ``except as provided in subparagraph (A)(v), made
to''; and
(B) in paragraph (10), by inserting after the word
``period'' the following: ``, or any individual who is
employed or retained by a client for financial or other
compensation for services that include not fewer than 1
lobbying contact relating to a potential grant of executive
clemency, as defined in section 2 of the Pardon Transparency
and Accountability Act of 2026, regardless of the percent of
the services provided by the individual to that client that
consist of lobbying activities.''
(2) Registration of lobbyists.--Section 4 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1603) is amended by adding
at the end the following:
``(e) Registration Relating to Grants of Executive
Clemency.--Not later than 2 days after the date on which a
lobbyist first makes a lobbying contact pertaining to a
potential grant of executive clemency, as defined in section
2 of the Pardon Transparency and Accountability Act of 2026,
or is employed or retained to make a lobbying contact
pertaining to a potential grant of executive clemency, as so
defined in that Act, whichever is earlier, such lobbyist (or
the organization employing such lobbyist) shall register with
the Secretary of the Senate and the Clerk of the House of
Representatives in accordance with the requirements of this
section, regardless of the total income or expenses related
to such lobbying activities.''.
(3) Reports by registered lobbyists.--Section 5 of the
Lobbying Disclosure Act of

[[Page S2615]]

1995 (2 U.S.C. 1604) is amended by adding at the end the
following:
``(f) Lobbying Contacts Relating to Executive Clemency.--
Not later than 2 days after a lobbying contact pertaining to
a potential grant of executive clemency, as defined in
section 2 of the Pardon Transparency and Accountability Act
of 2026, each registrant shall file a report with the
Secretary of the Senate and the Clerk of the House of
Representatives containing the information described in
subsection (b) relating to the lobbying contact pertaining to
the potential grant of executive clemency.''.
(f) Studies and Reports.--
(1) Studies.--
(A) In general.--Beginning on the date that is 180 days
after the date of enactment of this Act, and every other year
thereafter, the Pardon Attorney shall conduct a study on the
extent of compliance or noncompliance with this section.
(B) Reports to congress.--Not later than April 1 of each
year following the completion of the study required under
subsection, the Pardon Attorney shall submit to Congress a
report containing the findings of the study and any
recommendations to improve compliance with this section.
(g) Severability.--If any provision of this section, an
amendment made by this section, or the application of such a
provision or amendment to any particular person or
circumstance is held invalid, the remaining provisions of
this section and the amendments made by this section, and the
application of such remaining provisions and amendments to
any other person or circumstance, shall not be affected
thereby.
______